Emergency Alert System, 19312-19315 [05-7412]
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Federal Register / Vol. 70, No. 70 / Wednesday, April 13, 2005 / Rules and Regulations
may include, but not be limited to, the
following techniques:
(i) Increasing the desired power of the
public safety/CII signal;
(ii) Decreasing the power of the
commercial aviation air-ground system
signal;
(iii) Modifying the commercial
aviation air-ground system antenna
height;
(iv) Modifying the commercial
aviation air-ground system antenna
characteristics;
(v) Incorporating filters into the
commercial aviation air-ground system
transmission equipment;
(vi) Changing commercial aviation airground system frequencies; and
(vii) Supplying interference-resistant
receivers to the affected public safety/
CII licensee(s). If this technique is used,
in all circumstances, commercial
aviation air-ground system licensees
shall be responsible for all costs thereof.
(2) Whenever short-term interference
abatement measures prove inadequate,
the affected part 90 non-cellular
licensee shall, consistent with but not
compromising safety, make all
necessary concessions to accepting
interference until a longer-term remedy
can be implemented.
(3) When a part 90 public safety
licensee determines that a continuing
presence of interference constitutes a
clear and imminent danger to life or
property, the licensee causing the
interference must discontinue the
associated operation immediately, until
a remedy can be identified and applied.
The determination that a continuing
presence exists that constitutes a clear
and imminent danger to life or property,
must be made by written statement that:
(i) Is in the form of a declaration,
notarized affidavit, or statement under
penalty or perjury, from an officer or
executive of the affected public safety
licensee;
(ii) Thoroughly describes the basis of
the claim of clear and imminent danger;
(iii) Was formulated on the basis of
either personal knowledge or belief after
due diligence;
(iv) Is not proffered by a contractor or
other third party; and,
(v) Has been approved by the Chief of
the Wireless Telecommunication
Bureau or other designated Commission
official. Prior to the authorized official
making a determination that a clear and
imminent danger exists, the associated
written statement must be served by
hand-delivery or receipted fax on the
applicable offending licensee, with a
copy transmitted by the fastest available
means to the Washington, DC office of
the Commission’s Wireless
Telecommunications Bureau.
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68. Add § 22.880 to read as follows:
§ 22.880
Information exchange.
(a) Prior notification. Public safety/CII
licensees may notify a commercial
aviation air-ground system licensee that
they wish to receive prior notification of
the activation or modification of a
commercial aviation air-ground system
ground station site in their area.
Thereafter, the commercial aviation airground system licensee must provide
the following information to the public
safety/CII licensee at least 10 business
days before a new ground station is
activated or an existing ground station
is modified:
(1) Location;
(2) Effective radiated power;
(3) Antenna manufacturer, model
number, height above ground level and
up tilt angle, as installed;
(4) Channels available for use.
(b) Purpose of prior notification. The
prior notification of ground station
activation or modification is for
informational purposes only: public
safety/CII licensees are not afforded the
right to accept or reject the activation of
a proposed ground station or to
unilaterally require changes in its
operating parameters. The principal
purposes of prior notification are to:
(1) Allow a public safety licensee to
advise the commercial aviation airground system licensee whether it
believes a proposed ground station will
generate unacceptable interference;
(2) Permit commercial aviation airground system licensee(s) to make
voluntary changes in ground station
parameters when a public safety
licensee alerts them to possible
interference; and
(3) Rapidly identify the source if
interference is encountered when the
ground station is activated.
I 69. Revise § 22.1003 to read as follows:
§ 22.1003
Eligibility.
Any eligible entity (see § 22.7) may
apply for central station license(s) and/
or offshore subscriber licenses under
this subpart.
PART 90—PRIVATE LAND MOBILE
RADIO SERVICES
70. The authority citation for part 90
continues to read as follows:
I
Authority: Sections 4(i), 11, 303(g), 303(r),
and 332(c)(7) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), 332(c)(7).
71. Revise § 90.309(a)(1) to read as
follows:
I
§ 90.309
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Tables and figures.
(a) * * *
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(1) Using the method specified in
§ 1.958 of this chapter, determine the
distances between the proposed land
mobile base station and the protected
co-channel television station and
between the proposed land mobile base
station and the protected adjacent
channel television station. If the exact
mileage does not appear in table A for
protected co-channel television stations
(or table B for channel 15 in New York
and Cleveland and channel 16 in
Detroit) or table E for protected adjacent
channel television stations, the next
lower mileage separation figure is to be
used.
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[FR Doc. 05–6948 Filed 4–12–05; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 11
[EB Docket No. 04–51; FCC 05–21]
Emergency Alert System
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: This document adopts
revisions to the Federal Communication
Commission’s (Commission’s) rules
governing the Emergency Alert System
(EAS) that will allow wireless cable
television systems to provide EAS alerts
to their subscribers in a more efficient
and less burdensome manner.
Specifically, wireless cable system
operators will now be able to install
equipment that provides a means to
switch all programmed channels to a
predesignated channel that carries an
EAS alert in lieu of installing an EAS
decoder for each and every system
channel. Accordingly, upon receipt of
an EAS alert, subscribers’ equipment
will automatically be tuned to the
channel carrying the EAS message.
DATES: Effective May 13, 2005.
FOR FURTHER INFORMATION CONTACT:
Shannon Lipp, Enforcement Bureau,
Office of Homeland Security, at (202)
418–1199, or via the Internet at
shannon.lipp@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order, in EB Docket No. 04–51, FCC
05–21, adopted January 28, 2005 and
released February 7, 2005. The complete
text of this Report and Order is available
for inspection and copying during
normal business hours in the FCC
Reference Information Center, 445 12th
Street, SW., Room CY–A527,
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Washington, DC 20554. This document
may also be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554, telephone (202)
863–2893, facsimile (202) 863–2898, or
via Web site at https://
www.bcpiweb.com. It is also available
on the Commission’s Web site at
https://www.fcc.gov.
Synopsis of the Report and Order
1. In this Report and Order, the
Commission adopts revisions to part 11
of the Commission’s rules governing the
Emergency Alert System (EAS) that will
allow wireless cable television systems
to provide EAS alerts to their
subscribers in a more efficient and less
burdensome manner. Specifically,
wireless cable system operators will
now be able to install equipment that
provides a means to switch all
programmed channels to a
predesignated channel that carries an
EAS alert in lieu of installing an EAS
decoder for each and every system
channel. Accordingly, upon receipt of
an EAS alert, subscribers’ equipment
will automatically be tuned to the
channel carrying the EAS message.
2. The Commission released a Notice
of Proposed Rulemaking (NPRM), 69 FR
18857, March 12, 2004, seeking
comment on revisions to part 11 of the
Commission’s rules. Comments and
replies were due May 10, 2004 and May
24, 2004, respectively. WCA and
W.A.T.C.H. TV both submitted
comments in support of the proposed
modifications. W.A.T.C.H. TV, in its
comments recommended a permanent
rule change. No comments opposed the
suggested rule revision, and no replies
were submitted.
3. The Commission’s EAS rules are
designed to ensure that individual TV
viewers, including viewers of wireless
cable TV systems, receive all national
level EAS alerts, no matter what
channel the viewer may be watching. As
these rules are currently written,
wireless cable providers serving more
than 5,000 subscribers are required to
install special equipment sufficient to
display the audio and video EAS
message on every channel in their
systems. Systems serving fewer than
5,000 subscribers are required to display
the audio and video EAS message only
on one channel, but must provide a
video interrupt and an audio alert on
every channel.
4. The Commission’s EAS rules were
neither intended to require a particular
technical solution nor to impose an
unnecessary financial burden on
participating cable providers. The
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Commission agrees that a good technical
alternative exists to minimize that
burden without harm to the public. As
a result of these modifications, a
wireless cable operator would be able to
install EAS equipment for one channel
only at the headend of each of its
systems, and in the event of an EAS
alert, automatically force each
subscriber’s equipment to tune to the
channel carrying the EAS alert. This
would allow wireless cable providers to
deliver EAS alerts to all viewers in a
more technologically and economically
efficient manner. The Commission
believes these revisions would satisfy
the Communications Act’s intent to
provide national alert and warning to
the public, while reducing the
regulatory burden on wireless cable
systems. The Commission also notes
that W.A.T.C.H. TV, a wireless cable
system, has successfully deployed force
tuning in its system, and that no
comments were filed opposing this
approach. Accordingly, the Commission
modifies its EAS rules to allow wireless
cable TV systems to supply an EAS alert
to their viewers by force tuning their
systems. Also, because the revisions the
Commission adopts today do not affect
wireless cable systems’ EAS equipment,
the Commission adopts its tentative
conclusion that no new authorization
standards for such equipment are
required.
5. The Commission recently released
a Notice of Proposed Rulemaking
(NPRM), 69 FR 52843 (August 30, 2004),
in which it sought comment on whether
EAS as currently constituted is the most
effective and efficient public warning
system available to the American
public. One of the primary objectives of
the August 2004 NPRM is to determine
whether there are any specific steps the
Commission may take to enhance the
effectiveness of EAS, particularly as
regards digital, wireless, and other
emerging communications technologies.
Accordingly, regardless of the
modifications made in the Report and
Order, wireless cable operators are still
subject to any future rulemaking
proceedings. The Report and Order does
not affect the Commission’s ability to
adjust any of the wireless cable
requirements or impose other
obligations on wireless cable operators
through general rulemaking
proceedings.
6. Because the modifications to the
Commission’s EAS rules will contribute
to an economically efficient and
technologically current public alert and
warning system, in the Report and
Order, the Commission adopts the
proposed revisions to the EAS rules for
wireless cable operators.
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Final Regulatory Flexibility Analysis
7. As required by the Regulatory
Flexibility Act, 5 U.S.C. 603, the
Commission has prepared a Final
Regulatory Flexibility Analysis (FRFA)
for the Report and Order. The
Commission will send a copy of the
Report and Order, including the FRFA,
to the Chief Counsel for Advocacy of the
Small Business Administration.
8. As required by the Regulatory
Flexibility Act (RFA), an Initial
Regulatory Flexibility Analysis (IRFA)
was incorporated in the NPRM. The
Commission sought comment on the
proposals in the NPRM, including
comment on the IRFA. The present
Final Regulatory Flexibility Analysis
(FRFA) conforms to the RFA.
Need for, and Objectives of, the Rules
9. In the Report and Order, the
Commission adopts revisions to part 11
of the Commission’s rules governing the
Emergency Alert System (EAS). The
revisions will reduce burdens on
wireless cable television systems and
improve the overall performance of the
EAS.
Summary of Significant Issues Raised
By Public Comments in Response to the
IRFA
10. There were no comments filed
specifically in response to the IRFA.
Nevertheless, the agency has considered
the potential impact of the rules
proposed in the IRFA on small entities.
As a result of these modifications, a
wireless cable operator will now be able
to install EAS equipment for one
channel only at the headend of the
system. In the event of an EAS alert, the
system will automatically force each
subscriber set-top box to tune to the
channel carrying the EAS alert. This
will allow wireless cable providers to
deliver EAS alerts to all viewers in a
more technologically and economically
efficient manner. While this rule
revision provides the greatest economic
benefit to systems with over 5,000
subscribers by obviating the need for
special signal conversion for all
channels, it also provides a benefit to
those systems with fewer than 5,000
subscribers.
Description and Estimate of the Number
of Small Entities to Which the Rules
Will Apply
11. The RFA directs agencies to
provide a description of and, where
feasible, an estimate of the number of
small entities that will be affected by the
proposed rules. The RFA generally
defines the term ‘‘small entity’’ as
having the same meaning as the terms
‘‘small business,’’ ‘‘small organization,’’
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Federal Register / Vol. 70, No. 70 / Wednesday, April 13, 2005 / Rules and Regulations
and ‘‘small governmental jurisdiction.’’
In addition, the term ‘‘small business’’
has the same meaning as the term
‘‘small business concern’’ under the
Small Business Act. A small business
concern is one which: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the Small Business
Administration (SBA). A small
organization is generally ‘‘any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field.’’ The arts,
entertainment, and recreations sector
had 96,497 small firms.
12. Broadband Radio Services. The
adopted rules would apply to
Broadband Radio Services (BRS)
operated as part of a wireless cable
system. The Commission has defined
‘‘small entity’’ for purposes of the
auction of BRS frequencies as an entity
that, together with its affiliates, has
average gross annual revenues that are
not more than $40 million for the
preceding three calendar years. This
definition of small entity in the context
of BRS auctions has been approved by
the SBA. The Commission completed its
BRS auction in March 1996 for
authorizations in 493 basic trading
areas. Of 67 winning bidders, 61
qualified as small entities. At this time,
we estimate that of the 61 small
business BRS auction winners, 48
remain small business licensees.
13. BRS also includes licensees of
stations authorized prior to the auction.
As noted, the SBA has developed a
definition of small entities for pay
television services, Cable and Other
Subscription Programming, which
includes all such companies generating
$12.5 million or less in annual receipts.
This definition includes BRS and thus
applies to BRS licensees that did not
participate in the BRS auction.
Information available to us indicates
that there are approximately 392
incumbent BRS licensees that do not
generate revenue in excess of $11
million annually. Therefore, we find
that there are approximately 440 (392
pre-auction plus 48 auction licensees)
small BRS providers as defined by the
SBA and the Commission’s auction
rules which may be affected by the rules
adopted herein.
14. Educational Broadband Services.
The adopted rules would also apply to
Educational Broadband Services (EBS).
The SBA definition of small entities for
pay television services also appears to
apply to EBS. There are presently 2,032
EBS licensees. All but 100 of these
licenses are held by educational
institutions. Educational institutions are
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included in the definition of a small
business. However, we do not collect
annual revenue data for EBS licensees,
and are not able to ascertain how many
of the 100 non-educational licensees
would be categorized as small under the
SBA definition. Thus, we conclude that
at least 1,932 EBS are small businesses
and may be affected by the adopted
rules.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
15. There are no reporting or
recordkeeping requirements adopted in
the Report and Order. The revisions
adopted in the Report and Order are, for
the most part, intended to enhance the
performance of the EAS while reducing
the burden on digital wireless cable
systems. We emphasize that
participation in state and local EAS
activities remains voluntary and that we
do not impose additional costs or
burdens on entities that choose not to
participate in state and local area EAS
plans. The Report and Order adopts
rules that permit new equipment
capabilities and new policies with
regard to method of delivery of EAS
messages to viewers for all EAS alerts:
National, state and local. These
modifications will lessen cost and
operational burdens on digital wireless
cable system EAS participants.
Steps Taken To Minimize Significant
Economic Impact on Small Entities, and
Significant Alternatives Considered
16. The RFA requires an agency to
describe any significant alternatives that
it has considered in reaching its
approach, which may include the
following four alternatives: (1) The
establishment of differing compliance or
reporting requirements or timetables
that take into account the resources
available to small entities; (2) the
clarification, consolidation, or
simplification of compliance or
reporting requirements under the rule
for small entities; (3) the use of
performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities.
17. In the NPRM, we sought comment
on the impact of our proposals on small
entities and on any possible alternatives
that would minimize the impact on
small entities. In adopting the
modifications contained in the Report
and Order, we have attempted to
minimize the burdens on all entities.
Report to Congress
18. The Commission will send a copy
of the Report and Order, including the
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FRFA, in a report to be sent to Congress
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A). In
addition, the Commission will send a
copy of the Report and Order, including
the FRFA, to the Chief Counsel for
Advocacy of the Small Business
Administration. A copy of the Report
and Order and FRFA (or summaries
thereof) will also be published in the
Federal Register.
Paperwork Reduction Act of 1995
Analysis
19. This document does not contain
new or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. In addition, therefore, it
does not contain any new or modified
‘‘information collection burden for
small business concerns with fewer than
25 employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198; see 44 U.S.C.
3506(4).
Ordering Clauses
20. Accordingly, it is ordered that
pursuant to the authority contained in
sections 1, 4(i), 4(j), and 4(o), 303(r),
624(g) and 706 of the Communications
Act of 1934, as amended, 47 U.S.C. 151,
154(i), 154(j), and 154(o), 303(r), 544(g)
and 606, this Report and Order is
adopted.
21. It is further ordered that part 11
of the Commission’s rules, 47 CFR part
11, is amended as set forth, effective
May 13, 2005.
22. It is further ordered that the
Reference Information Center,
Consumer and Governmental Affairs
Bureau, shall send a copy of this Report
and Order, including the Final
Regulatory Flexibility Analysis, to
Congress pursuant to the Congressional
Review Act, 5 U.S.C. 801(a)(1)(A).
23. It is further ordered that the
Reference Information Center,
Consumer and Governmental Affairs
Bureau, shall send a copy of this Report
and Order, including the Final
Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the Small
Business Administration in accordance
with the Regulatory Flexibility Act.
List of Subjects in 47 CFR Part 11
Television, Wireless cable, Emergency
alert system, EAS, Force tune.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rule
For the reasons discussed in the
preamble, the Federal Communications
I
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Commission amends 47 CFR part 11 as
follows:
PART 11—EMERGENCY ALERT
SYSTEM (EAS)
1. The authority for part 11 continues
to read as follows:
I
Authority: 47 U.S.C. 151, 154(i) and (o),
303(r), 544(g) and 606.
19315
llllllllllllllllll
l
[A. Wireless cable systems serving fewer
than 5,000 subscribers from a single
transmission site must either provide
the National level EAS message on all
programmed channels—including the
§ 11.11 The Emergency Alert System
(EAS).
required testing—by October 1, 2002, or
(a) * * *
comply with the following EAS
llllllllllllllllll
l requirements. All other wireless cable
WIRELESS CABLE SYSTEMS (BRS/EBS systems must comply with B.]
STATIONS)
2. Section 11.11 is amended by
revising the table entitled ‘‘WIRELESS
CABLE SYSTEMS (MDS/MMS/ITFS
STATIONS)’’ in paragraph (a) to read as
follows:
I
System size and effective dates
B. EAS equipment requirement
≥ 5,000 subscribers
EAS decoder ..................................................................................................................
EAS encoder 1 2 .............................................................................................................
Audio and Video EAS Message on all channels 3 ........................................................
Video interrupt and audio alert message on all channels; 4 Audio and Video EAS
message on at least one channel.
Y 10/1/02 ............................
Y 10/1/02 ............................
Y 10/1/02 ............................
N .........................................
< 5,000 subscribers
Y 10/1/02
Y 10/1/02
N
Y 10/1/02
1 The two-tone signal is used only to provide an audio alert to an audience prior to an EAS emergency message or to the Required Monthly
Test (RMT) under § 11.61(a)(1). The two-tone signal must be 8–25 seconds in duration.
2 Wireless cable systems serving < 5,000 subscribers are permitted to operate without an EAS encoder if they install an FCC-certified decoder.
3 All wireless cable systems may comply with this requirement by providing a means to switch all programmed channels to a predesignated
channel that carries the required audio and video EAS messages.
4 The Video interrupt must cause all channels that carry programming to flash for the duration of the EAS emergency message. The audio alert
must give the channel where the EAS messages are carried and be repeated for the duration of the EAS message.
Note: Programmed channels do not include
channels used for the transmission of data
services such as Internet.
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 22, 80, 87, 90 and 101
*
3. Section 11.51 is amended by adding
paragraphs (g)(5) and (h)(5) to read as
follows:
[WT Docket Nos. 98–20 and 96–188; RM–
8677 and RM–9107; FCC 98–234 and FCC
99–139]
§ 11.51 EAS code and Attention Signal
Transmission requirements.
Facilitate the Development and Use of
the Universal Licensing System in the
Wireless Telecommunications
Services
I
(g) * * *
(5) Wireless cable systems with a
requirement to carry the audio and
video EAS message on at least one
channel and a requirement to provide
video interrupt and an audio alert
message on all other channels stating
which channel is carrying the audio and
video EAS message, may comply by
using a means on all programmed
channels that automatically tunes the
subscriber’s set-top box to a predesignated channel which carries the
required audio and video EAS messages.
(h) * * *
(5) Wireless cable systems with a
requirement to carry the audio and
video EAS message on all downstream
channels may comply by using a means
on all programmed channels that
automatically tunes the subscriber’s settop box to a pre-designated channel
which carries the required audio and
video EAS messages.
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[FR Doc. 05–7412 Filed 4–12–05; 8:45 am]
BILLING CODE 6712–01–P
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Federal Communications
Commission.
ACTION: Final rule, announcement of
effective date.
AGENCY:
SUMMARY: The Wireless
Telecommunications Bureau (Bureau) of
the Federal Communications
Commission (Commission) announces
that certain rules adopted in the
Universal Licensing System proceeding
(WT Docket Nos. 98–20 and 96–188,
FCC 98–234) in 1998, to the extent they
contained information collection
requirements that required approval by
the Office of Management and Budget
(OMB), became effective on January 21,
1999.
The Bureau also announces that
certain rules adopted in the Universal
Licensing System proceeding (WT
Docket Nos. 98–20, and 96–188, FCC
99–139) in 1999, to the extent they
contained information collection
requirements that required approval by
OMB, became effective on October 1,
1999.
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Sections 22.105, 22.709(b)(2),
22.803(b)(2), 22.875(d)(5), 22.929(b)(2),
80.21, 80.33, 80.53, 80.469, 80.511,
80.513, 80.553, 80.605, 87.215, 87.347,
90.625, 90.683, 90.763, 101.61, and
101.701, published at 63 FR 68904 (Dec.
14, 1998), contained information
collection requirements and became
effective on January 21, 1999. Sections
22.529(c), 22.709(f), 22.803(c), and
22.929(d), published at 64 FR 53231
(Oct. 1, 1999), contained information
collection requirements and became
effective on October 1, 1999.
FOR FURTHER INFORMATION CONTACT:
Richard Arsenault, Wireless
Telecommunications Bureau, at (202)
418–0920, or via the Internet at
Richard.Arsenault@fcc.gov. For
additional information concerning the
information collections contained in
this document, contact Judith-B.
Herman at (202) 418–0214, or via the
Internet at Judith-B.Herman@fcc.gov.
DATES:
Announcement of Effective Date of
Certain Commission Rules
1. On December 14, 1998, the
Commission published a notice in the
Federal Register, 63 FR 68904, of its
Report and Order (Report and Order) in
the Universal Licensing System
proceeding (WT Docket Nos. 98–20 and
96–188; RM-8677; FCC 98–234). In that
Notice, the Commission stated that it
would publish a document in the
Federal Register announcing the
effective date of certain rules adopted in
the Report and Order—specifically
§§ 22.105, 22.709(b)(2), 22.803(b)(2),
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]]>Agencies
[Federal Register Volume 70, Number 70 (Wednesday, April 13, 2005)]
[Rules and Regulations]
[Pages 19312-19315]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7412]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 11
[EB Docket No. 04-51; FCC 05-21]
Emergency Alert System
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document adopts revisions to the Federal Communication
Commission's (Commission's) rules governing the Emergency Alert System
(EAS) that will allow wireless cable television systems to provide EAS
alerts to their subscribers in a more efficient and less burdensome
manner. Specifically, wireless cable system operators will now be able
to install equipment that provides a means to switch all programmed
channels to a predesignated channel that carries an EAS alert in lieu
of installing an EAS decoder for each and every system channel.
Accordingly, upon receipt of an EAS alert, subscribers' equipment will
automatically be tuned to the channel carrying the EAS message.
DATES: Effective May 13, 2005.
FOR FURTHER INFORMATION CONTACT: Shannon Lipp, Enforcement Bureau,
Office of Homeland Security, at (202) 418-1199, or via the Internet at
shannon.lipp@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, in EB Docket No. 04-51, FCC 05-21, adopted January 28, 2005
and released February 7, 2005. The complete text of this Report and
Order is available for inspection and copying during normal business
hours in the FCC Reference Information Center, 445 12th Street, SW.,
Room CY-A527,
[[Page 19313]]
Washington, DC 20554. This document may also be purchased from the
Commission's duplicating contractor, Best Copy and Printing, Inc., 445
12th Street, SW., Room CY-B402, Washington, DC 20554, telephone (202)
863-2893, facsimile (202) 863-2898, or via Web site at https://
www.bcpiweb.com. It is also available on the Commission's Web site at
https://www.fcc.gov.
Synopsis of the Report and Order
1. In this Report and Order, the Commission adopts revisions to
part 11 of the Commission's rules governing the Emergency Alert System
(EAS) that will allow wireless cable television systems to provide EAS
alerts to their subscribers in a more efficient and less burdensome
manner. Specifically, wireless cable system operators will now be able
to install equipment that provides a means to switch all programmed
channels to a predesignated channel that carries an EAS alert in lieu
of installing an EAS decoder for each and every system channel.
Accordingly, upon receipt of an EAS alert, subscribers' equipment will
automatically be tuned to the channel carrying the EAS message.
2. The Commission released a Notice of Proposed Rulemaking (NPRM),
69 FR 18857, March 12, 2004, seeking comment on revisions to part 11 of
the Commission's rules. Comments and replies were due May 10, 2004 and
May 24, 2004, respectively. WCA and W.A.T.C.H. TV both submitted
comments in support of the proposed modifications. W.A.T.C.H. TV, in
its comments recommended a permanent rule change. No comments opposed
the suggested rule revision, and no replies were submitted.
3. The Commission's EAS rules are designed to ensure that
individual TV viewers, including viewers of wireless cable TV systems,
receive all national level EAS alerts, no matter what channel the
viewer may be watching. As these rules are currently written, wireless
cable providers serving more than 5,000 subscribers are required to
install special equipment sufficient to display the audio and video EAS
message on every channel in their systems. Systems serving fewer than
5,000 subscribers are required to display the audio and video EAS
message only on one channel, but must provide a video interrupt and an
audio alert on every channel.
4. The Commission's EAS rules were neither intended to require a
particular technical solution nor to impose an unnecessary financial
burden on participating cable providers. The Commission agrees that a
good technical alternative exists to minimize that burden without harm
to the public. As a result of these modifications, a wireless cable
operator would be able to install EAS equipment for one channel only at
the headend of each of its systems, and in the event of an EAS alert,
automatically force each subscriber's equipment to tune to the channel
carrying the EAS alert. This would allow wireless cable providers to
deliver EAS alerts to all viewers in a more technologically and
economically efficient manner. The Commission believes these revisions
would satisfy the Communications Act's intent to provide national alert
and warning to the public, while reducing the regulatory burden on
wireless cable systems. The Commission also notes that W.A.T.C.H. TV, a
wireless cable system, has successfully deployed force tuning in its
system, and that no comments were filed opposing this approach.
Accordingly, the Commission modifies its EAS rules to allow wireless
cable TV systems to supply an EAS alert to their viewers by force
tuning their systems. Also, because the revisions the Commission adopts
today do not affect wireless cable systems' EAS equipment, the
Commission adopts its tentative conclusion that no new authorization
standards for such equipment are required.
5. The Commission recently released a Notice of Proposed Rulemaking
(NPRM), 69 FR 52843 (August 30, 2004), in which it sought comment on
whether EAS as currently constituted is the most effective and
efficient public warning system available to the American public. One
of the primary objectives of the August 2004 NPRM is to determine
whether there are any specific steps the Commission may take to enhance
the effectiveness of EAS, particularly as regards digital, wireless,
and other emerging communications technologies. Accordingly, regardless
of the modifications made in the Report and Order, wireless cable
operators are still subject to any future rulemaking proceedings. The
Report and Order does not affect the Commission's ability to adjust any
of the wireless cable requirements or impose other obligations on
wireless cable operators through general rulemaking proceedings.
6. Because the modifications to the Commission's EAS rules will
contribute to an economically efficient and technologically current
public alert and warning system, in the Report and Order, the
Commission adopts the proposed revisions to the EAS rules for wireless
cable operators.
Final Regulatory Flexibility Analysis
7. As required by the Regulatory Flexibility Act, 5 U.S.C. 603, the
Commission has prepared a Final Regulatory Flexibility Analysis (FRFA)
for the Report and Order. The Commission will send a copy of the Report
and Order, including the FRFA, to the Chief Counsel for Advocacy of the
Small Business Administration.
8. As required by the Regulatory Flexibility Act (RFA), an Initial
Regulatory Flexibility Analysis (IRFA) was incorporated in the NPRM.
The Commission sought comment on the proposals in the NPRM, including
comment on the IRFA. The present Final Regulatory Flexibility Analysis
(FRFA) conforms to the RFA.
Need for, and Objectives of, the Rules
9. In the Report and Order, the Commission adopts revisions to part
11 of the Commission's rules governing the Emergency Alert System
(EAS). The revisions will reduce burdens on wireless cable television
systems and improve the overall performance of the EAS.
Summary of Significant Issues Raised By Public Comments in Response to
the IRFA
10. There were no comments filed specifically in response to the
IRFA. Nevertheless, the agency has considered the potential impact of
the rules proposed in the IRFA on small entities. As a result of these
modifications, a wireless cable operator will now be able to install
EAS equipment for one channel only at the headend of the system. In the
event of an EAS alert, the system will automatically force each
subscriber set-top box to tune to the channel carrying the EAS alert.
This will allow wireless cable providers to deliver EAS alerts to all
viewers in a more technologically and economically efficient manner.
While this rule revision provides the greatest economic benefit to
systems with over 5,000 subscribers by obviating the need for special
signal conversion for all channels, it also provides a benefit to those
systems with fewer than 5,000 subscribers.
Description and Estimate of the Number of Small Entities to Which the
Rules Will Apply
11. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that will be
affected by the proposed rules. The RFA generally defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,''
[[Page 19314]]
and ``small governmental jurisdiction.'' In addition, the term ``small
business'' has the same meaning as the term ``small business concern''
under the Small Business Act. A small business concern is one which:
(1) Is independently owned and operated; (2) is not dominant in its
field of operation; and (3) satisfies any additional criteria
established by the Small Business Administration (SBA). A small
organization is generally ``any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.''
The arts, entertainment, and recreations sector had 96,497 small firms.
12. Broadband Radio Services. The adopted rules would apply to
Broadband Radio Services (BRS) operated as part of a wireless cable
system. The Commission has defined ``small entity'' for purposes of the
auction of BRS frequencies as an entity that, together with its
affiliates, has average gross annual revenues that are not more than
$40 million for the preceding three calendar years. This definition of
small entity in the context of BRS auctions has been approved by the
SBA. The Commission completed its BRS auction in March 1996 for
authorizations in 493 basic trading areas. Of 67 winning bidders, 61
qualified as small entities. At this time, we estimate that of the 61
small business BRS auction winners, 48 remain small business licensees.
13. BRS also includes licensees of stations authorized prior to the
auction. As noted, the SBA has developed a definition of small entities
for pay television services, Cable and Other Subscription Programming,
which includes all such companies generating $12.5 million or less in
annual receipts. This definition includes BRS and thus applies to BRS
licensees that did not participate in the BRS auction. Information
available to us indicates that there are approximately 392 incumbent
BRS licensees that do not generate revenue in excess of $11 million
annually. Therefore, we find that there are approximately 440 (392 pre-
auction plus 48 auction licensees) small BRS providers as defined by
the SBA and the Commission's auction rules which may be affected by the
rules adopted herein.
14. Educational Broadband Services. The adopted rules would also
apply to Educational Broadband Services (EBS). The SBA definition of
small entities for pay television services also appears to apply to
EBS. There are presently 2,032 EBS licensees. All but 100 of these
licenses are held by educational institutions. Educational institutions
are included in the definition of a small business. However, we do not
collect annual revenue data for EBS licensees, and are not able to
ascertain how many of the 100 non-educational licensees would be
categorized as small under the SBA definition. Thus, we conclude that
at least 1,932 EBS are small businesses and may be affected by the
adopted rules.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
15. There are no reporting or recordkeeping requirements adopted in
the Report and Order. The revisions adopted in the Report and Order
are, for the most part, intended to enhance the performance of the EAS
while reducing the burden on digital wireless cable systems. We
emphasize that participation in state and local EAS activities remains
voluntary and that we do not impose additional costs or burdens on
entities that choose not to participate in state and local area EAS
plans. The Report and Order adopts rules that permit new equipment
capabilities and new policies with regard to method of delivery of EAS
messages to viewers for all EAS alerts: National, state and local.
These modifications will lessen cost and operational burdens on digital
wireless cable system EAS participants.
Steps Taken To Minimize Significant Economic Impact on Small Entities,
and Significant Alternatives Considered
16. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its approach, which may
include the following four alternatives: (1) The establishment of
differing compliance or reporting requirements or timetables that take
into account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance or
reporting requirements under the rule for small entities; (3) the use
of performance, rather than design, standards; and (4) an exemption
from coverage of the rule, or any part thereof, for small entities.
17. In the NPRM, we sought comment on the impact of our proposals
on small entities and on any possible alternatives that would minimize
the impact on small entities. In adopting the modifications contained
in the Report and Order, we have attempted to minimize the burdens on
all entities.
Report to Congress
18. The Commission will send a copy of the Report and Order,
including the FRFA, in a report to be sent to Congress pursuant to the
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). In addition, the
Commission will send a copy of the Report and Order, including the
FRFA, to the Chief Counsel for Advocacy of the Small Business
Administration. A copy of the Report and Order and FRFA (or summaries
thereof) will also be published in the Federal Register.
Paperwork Reduction Act of 1995 Analysis
19. This document does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. In addition, therefore, it does not contain
any new or modified ``information collection burden for small business
concerns with fewer than 25 employees,'' pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198; see 44 U.S.C.
3506(4).
Ordering Clauses
20. Accordingly, it is ordered that pursuant to the authority
contained in sections 1, 4(i), 4(j), and 4(o), 303(r), 624(g) and 706
of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i),
154(j), and 154(o), 303(r), 544(g) and 606, this Report and Order is
adopted.
21. It is further ordered that part 11 of the Commission's rules,
47 CFR part 11, is amended as set forth, effective May 13, 2005.
22. It is further ordered that the Reference Information Center,
Consumer and Governmental Affairs Bureau, shall send a copy of this
Report and Order, including the Final Regulatory Flexibility Analysis,
to Congress pursuant to the Congressional Review Act, 5 U.S.C.
801(a)(1)(A).
23. It is further ordered that the Reference Information Center,
Consumer and Governmental Affairs Bureau, shall send a copy of this
Report and Order, including the Final Regulatory Flexibility Analysis,
to the Chief Counsel for Advocacy of the Small Business Administration
in accordance with the Regulatory Flexibility Act.
List of Subjects in 47 CFR Part 11
Television, Wireless cable, Emergency alert system, EAS, Force
tune.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rule
0
For the reasons discussed in the preamble, the Federal Communications
[[Page 19315]]
Commission amends 47 CFR part 11 as follows:
PART 11--EMERGENCY ALERT SYSTEM (EAS)
0
1. The authority for part 11 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i) and (o), 303(r), 544(g) and
606.
0
2. Section 11.11 is amended by revising the table entitled ``WIRELESS
CABLE SYSTEMS (MDS/MMS/ITFS STATIONS)'' in paragraph (a) to read as
follows:
Sec. 11.11 The Emergency Alert System (EAS).
(a) * * *
-----------------------------------------------------------------------
WIRELESS CABLE SYSTEMS (BRS/EBS STATIONS)
-----------------------------------------------------------------------
[A. Wireless cable systems serving fewer than 5,000 subscribers from a
single transmission site must either provide the National level EAS
message on all programmed channels--including the required testing--by
October 1, 2002, or comply with the following EAS requirements. All
other wireless cable systems must comply with B.]
----------------------------------------------------------------------------------------------------------------
System size and effective dates
B. EAS equipment requirement ------------------------------------------------------------------------------
>= 5,000 subscribers < 5,000 subscribers
----------------------------------------------------------------------------------------------------------------
EAS decoder...................... Y 10/1/02............................. Y 10/1/02
EAS encoder 1 2.................. Y 10/1/02............................. Y 10/1/02
Audio and Video EAS Message on Y 10/1/02............................. N
all channels \3\.
Video interrupt and audio alert N..................................... Y 10/1/02
message on all channels; \4\
Audio and Video EAS message on
at least one channel.
----------------------------------------------------------------------------------------------------------------
\1\ The two-tone signal is used only to provide an audio alert to an audience prior to an EAS emergency message
or to the Required Monthly Test (RMT) under Sec. 11.61(a)(1). The two-tone signal must be 8-25 seconds in
duration.
\2\ Wireless cable systems serving < 5,000 subscribers are permitted to operate without an EAS encoder if they
install an FCC-certified decoder.
\3\ All wireless cable systems may comply with this requirement by providing a means to switch all programmed
channels to a predesignated channel that carries the required audio and video EAS messages.
\4\ The Video interrupt must cause all channels that carry programming to flash for the duration of the EAS
emergency message. The audio alert must give the channel where the EAS messages are carried and be repeated
for the duration of the EAS message.
Note: Programmed channels do not include channels used for the
transmission of data services such as Internet.
* * * * *
0
3. Section 11.51 is amended by adding paragraphs (g)(5) and (h)(5) to
read as follows:
Sec. 11.51 EAS code and Attention Signal Transmission requirements.
(g) * * *
(5) Wireless cable systems with a requirement to carry the audio
and video EAS message on at least one channel and a requirement to
provide video interrupt and an audio alert message on all other
channels stating which channel is carrying the audio and video EAS
message, may comply by using a means on all programmed channels that
automatically tunes the subscriber's set-top box to a pre-designated
channel which carries the required audio and video EAS messages.
(h) * * *
(5) Wireless cable systems with a requirement to carry the audio
and video EAS message on all downstream channels may comply by using a
means on all programmed channels that automatically tunes the
subscriber's set-top box to a pre-designated channel which carries the
required audio and video EAS messages.
* * * * *
[FR Doc. 05-7412 Filed 4-12-05; 8:45 am]
BILLING CODE 6712-01-P
